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Dakota Natural Growers
  • Home
  • About Us
    • Company Overview
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    • South Dakota Cannabis Law
    • Plant Anatomy
    • Flower
    • Edibles
  • Products
  • Contact
  • Subscribe
  • SHOP

Measure 26 legalized medicinal cannabis for qualifying patients in the State of South Dakota. It is important that you are aware of the following laws and restrictions:

Measure 26

Laws & Regulations......... Updated 10-27-21

Who can get a Medical Cannabis Card?

Anyone who has a written recommendation from a qualifying practitioner stating that they have a qualifying debilitating medical condition that cannabis would benefit.

Purchase Limit

A dispensary may not dispense more than three ounces of cannabis to a nonresident cardholder or a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. A dispensary shall ensure compliance with the limitation under this section by maintaining internal, confidential records that include records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver.


Source:  Initiated Measure No. 26, approved Nov. 3, 2020, effective Jul. 1, 2021.

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Buying and Selling

Only facilities that own a South Dakota License regarding the purchase and selling of medical cannabis are authorized to do so.  

Public Use

Consumption is strictly prohibited on any public premises or premises open to the public.

Driving

No form of driving under the influence of cannabis is legal or advised. 

How long does a medical cannabis card last?

Expiration of registry identification card. 

A registry identification card expires one year after the date of issue. Unless the practitioner states in the written certification that the qualifying patient would benefit from cannabis until a specified earlier date, then the registry identification card expires on that date.

Employment

Except as provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:

(1)    Any interaction with a person's employer;

(2)    Drug testing by a person's employer; or

(3)    Drug testing required by any state or local law, agency, or government official.



Ingestion of cannabis at workplace--Working under the influence of cannabis. 

No employer is required to allow the ingestion of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. A registered qualifying patient may not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment.


Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted. 

Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.

Travel

Cannabis is still a schedule 1 substance according to federal regulation. Therefore crossing state lines in any format is currently unlawful regardless of card holding. 

Flying

 TSA officers are required to report any suspected violations of law to local, state or federal authorities. Cannabis products with a greater THC percentage than .3% is federally illegal.

Find out more

Source: Initiated Measure No. 26, approved Nov. 3, 2020, ef

How to become a medical card holder

Information required for issuance of registry identification cards--Fee. 

No later than November 18, 2021, the department shall issue registry identification cards to qualifying patients who submit the following, in accordance with rules promulgated by the department:


(1)    A written certification issued by a practitioner within ninety days immediately preceding the date of an application;

(2)    The application or renewal fee;

(3)    The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;

(4)    The name, address, and telephone number of the qualifying patient's practitioner;

(5)    The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient;

(6)    If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition;

(7)    The name of no more than two dispensaries that the qualifying patient designates, if any; and

(8)    If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, ef

Age limitations

Issuance of registry identification card to patient under age 18--Conditions. 

The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless:

(1)    The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and

(2)    The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:

(a)    Allow the qualifying patient's medical use of cannabis;

(b)    Serve as the qualifying patient's designated caregiver; and

(c)    Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient.

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